A. The Plaintiff is a deceased D’s son (Death on December 17, 2018) and was bequeathed by the network D’s apartment houses of 3rd reinforced concrete structure, reinforced concrete structure, and 4th floor from the network D, and completed the registration of ownership transfer on the said housing in the name of the Plaintiff on December 31, 2018.

B. Meanwhile, on August 16, 2007, the Defendant married with the network D and is in a mother-and-child relationship with the Plaintiff. At present, the Defendant occupies and uses the part of “A” (hereinafter “the instant building”) connected in order to each point of the attached drawing Nos. 1-17 and 1 among the four floors of the said house.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 3, 2-1, 2-2, the purport of the whole pleadings

2. According to the above recognition of the duty to deliver a building, the defendant is obligated to deliver the building of this case to the plaintiff, unless he asserts and proves the legitimate possessory source of right.

3. Judgment on the defendant's assertion

A. The Plaintiff and the Defendant asserted that they were the deceased D’s heir, and the instant building was bequeathed from the deceased D, and the Defendant filed a lawsuit against the Plaintiff for the claim of forced inheritance (the Changwon District Court 2019Gahap50567) and pending the lawsuit.

If the person with the right to the legal reserve exercises the right to return the legal reserve against the person with the right to return the legal reserve, the gift or testamentary gift infringing upon the legal reserve becomes retroactively null and void, so the person with the right to return the legal reserve lose the right to use or benefit from the gift invalidated or testamentary gift within the extent of infringing upon the person with

Therefore, since the defendant filed a lawsuit against the plaintiff, and the lawsuit is pending, the defendant, who is the right holder of the legal reserve of inheritance, has a legitimate right to use and benefit from the building of this case within the scope of the legal reserve of inheritance

B. However, the Korean Civil Code recognizes the legal reserve of inheritance and regulates the legal reserve of inheritance in Articles 1112 and 1118, and stipulates the method of returning the legal reserve of inheritance.